Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68570 of 2019 Arising Out of PS. Case No.-490 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== VIKASH KUMAR Son of Uday Yadav Resident of Village- Dedoor, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Petitioners seeks bail in anticipation of his arrest in connection with Bakhtiyarpur P.S. Case No. 490 of 2018, registered for the offences punishable under Sections 30 (a) (C ) (D)/34/36 of the Bihar Prohibition and Excise Act, 2016 and Section 25 (1-b) A/ 36/35 of the Arms Act.

As per F.I.R there is recovery of huge quantity of liquor from the poultry farm of the father of the petitioner. Submission of the learned counsel for the petitioner is that poultry farm was already lying abandoned. Moreover, father of the petitioner has been granted anticipatory bail by coordinate Bench of this Court vide order dated 23.05.2019 passed in Criminal Miscellaneous No. 20002 of 2019 On the other hand, learned A.P.P. has opposed the prayer of bail on the ground that recovery of huge quantity of

Patna High Court CR. MISC. No.68570 of 2019(2) dt.25-10-2019 2/2 liquor.

Having heard both sides, considering the above submission, this application allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge Excise Court, Patna in connection with Bakhtiyarpur P.S. Case No.-490 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T